Digital Download Terms

DIGITAL DOWNLOAD LICENSE TERMS
Welcome to www.chrisleboutillier.com (the “Site”), a website operated by FastFlash, LLC (“FastFlash, LLC”, “us”, “our”, and “we”). We provide the Site and services provided through the Site (“Services”) an online shop for digital images.

This license agreement (“Agreement”) covers your use of digital images made available in our collections (“Item” or “Items”). Through this Agreement, we license the use of the digital Items to you on the terms of this Agreement. We do not sell the rights to you; we retain the ownership of the digital Items at all times.

TERMS OF USE AND PRIVACY POLICY
By accepting this Agreement, you also accept our Terms of Use and Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS
All items available on the Site are protected by the United States and international copyright laws and treaties. Copyrights to all items remain our property. You acknowledge that all intellectual property rights of the items anywhere in the world belong to us (or, where applicable, our licensors), that rights in the Items are licensed (not sold) to you, and that you have no rights in, or to, the Items other than the right to use them in accordance with the terms of this Agreement.

Unless you have a commercial license, the items are licensed to you only for personal use as a single user, not for resale, exchange, or retail distribution. You may never falsely represent that an image was captured by you or a person other than the copyright holder(s) of items.
If we find that you have used our copyright materials in violation of this Agreement, we are entitled to bring legal action against you. During such a proceeding, we will seek monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay attorney’s fees. The protection of our copyrights and other intellectual property rights are vital to us.

GRANT AND SCOPE OF LICENSES
In consideration of the payment on an agreed fee, you agree to comply with the terms of this Agreement; we grant to you a non-exclusive, non-transferable license to use, the Items royalty-free worldwide, in perpetuity, as expressly permitted by this Agreement and subject to the terms outlined in this Agreement.

Under this Agreement, you agree to keep all copies of downloads secure. You also agree to supervise and control the use of the Items and ensure that your family members, employees, and representatives use the Items by the terms of this Agreement.

NO MODEL OR PROPERTY RELEASE PROVIDED
We do not provide any model releases or property releases of any kind. You agree to obtain a model release and/or property release if any subject in an image(s) is identifiable and you are using the image(s) commercially (to promote a particular product, service, company, or cause). This does include (but is not limited to) any paid advertising use of the image(s) in print ads, web ads or billboards, as well as collateral use in brochures, direct mail pieces or a client, maintained the website and their social media outlets, to name a few. DO NOT use the images you downloaded under the terms herein for any other use then personal and/or editorial.

LICENSE FOR FREE ITEMS FOR PERSONAL USE ONLY
Unless our download descriptions for free Items allow for commercial use expressly, then Items may only be used for personal use.
Royalty-free personal use
We hereby grant you the non-exclusive, non-assignable, non-sub licensable, and perpetual right to use, reproduce and distribute the copyrighted items for personal non-profit purposes, and to incorporate the copyrighted items, in whole or in part, into derivative works for non-profit distribution.
You are not to use the items for any other purpose, including; using, reproducing or distributing the items and/or materials incorporating all or any part of the items for profit; selling or distributing electronic copies of the items as standalone files or as part of a product from which a person can extract the items as a standalone file; distributing the items in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the items as part of a trademark, service mark or logo.
We retain all other rights in the items and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the items in all markets and territories.
In consideration of this free download and grant of this non-exclusive license, you agree to give credit to Chris LeBoutillier if used in any form on your social media content.

EDITORIAL USE ONLY LICENSE
Items marked as “For Editorial Use Only“ and may not be used for promotional projects of any kind.

Royalty-free Editorial Use
We hereby grant you the non-exclusive, non-assignable, non-sub licensable, and perpetual right to use, reproduce and distribute the copyrighted items for editorial purposes, and to incorporate the copyrighted items, in whole or in part, into derivative works for editorial distribution.

Editorial uses include:
• Newspaper and magazine articles
• Editorial features
• Blog or website (for descriptive purposes)
• News broadcasts
• Documentaries
• Textbooks
• Essays and journals

You are not to use the items for any other purpose, including using, reproducing or distributing the items and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the items as standalone files or as part of a product from which a person is able to extract the items as a standalone file; distributing the items in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the items as part of a trademark, service mark or logo.
We retain all other rights in the items and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the items in all markets and territories.
In consideration for the grant of this non-exclusive license, you agree to pay us the amount specified, due and payable immediately before your downloading a digital copy of the items.

USE RESTRICTIONS
There is no retouching or editing of the images other than cropping as needed to fit for placement. Images must not be used in a way that damages the reputation of the photographer, designer, or model. The images, or parts thereof, are not to be used in or as a logo or as a trademark or service mark. Image(s) may not be used for immoral, criminal, reputation-damaging, or humiliating purposes. Upon our request, you must immediately remove the Items from any unauthorized location or use, including an unauthorized social media platform or website.

INDEMNIFICATION
“You agree to indemnify us and keep us indemnified against any loss, damage and/or costs (including all legal fees) which we may suffer or incur as a result of your breach of any terms applicable to your use of the Items.”

TERMINATION
You may terminate this Agreement with us at any time. There will be no refunds for any Items you have purchased.
We may suspend and/or terminate this Agreement and your right to use the digital downloads immediately by written notice to you if you commit a material or persistent breach of this Agreement which you fail to remedy (if remediable) within ten days after the service of written notice requiring you to do so.
Upon termination for any reason, all rights granted to you under this Agreement will stop. You must immediately stop all activities authorized by this Agreement and delete all copies of the Items.

COMMUNICATION
If any condition in this Agreement requires you to give us written notice, you can contact us by email at prints@chrisleboutillier.com. We will acknowledge receiving of the email by contacting you by email.
If we need to contact you or give you notice in writing, we will do so by email using the contact email you provided.
Please note that any notice given by you to us, or by us to you, will be deemed received and properly served within twenty-four (24) hours after an email sent. In proving the service of any notice, it will be sufficient to establish that such email did get delivered to the specified email address of the addressee.

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